Lok Sabha Ethics Committee: Delay and Its Implications

Nearly two years into the tenure of the 18th Lok Sabha, the Ethics Committee has not been constituted.

• Parliamentary Affairs Minister said a motion against the Leader of oppostion  may be referred to the Ethics Committee, subject to the Speaker’s decision.

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About Lok Sabha Ethics Committee

• Composition & Tenure: The Ethics Committee consists of 15 members appointed by the Speaker of the Lok Sabha, with each member serving a one-year term.
• Functions: The Committee scrutinises complaints of unethical conduct by Lok Sabha members that are referred to it by the Speaker and submits appropriate recommendations based on its findings.
• Genesis:
• • The proposal to establish Ethics Committees for both the Lok Sabha and the Rajya Sabha was first suggested at a Presiding Officers’ Conference held in Delhi in 1996.
  • On 4 March 1997, the then Vice President and Chairman of the Rajya Sabha, K. R. Narayanan, set up the Ethics Committee of the Upper House to monitor members’ moral and ethical conduct and to inquire into cases of misconduct referred to it.
    • In the Lok Sabha, a study group of the Committee of Privileges recommended the creation of an Ethics Committee in 1997; however, the proposal was not acted upon at that time.
  • The Committee of Privileges eventually recommended the establishment of an Ethics Committee during the 13th Lok Sabha.
  • The late Speaker G. M. C. Balayogi set up an ad hoc Ethics Committee in 2000, which was made a permanent committee of the Lok Sabha in 2015.
• Procedure for complaints: 
• • Any person can complain against a Member through another Lok Sabha MP, along with evidence of the alleged misconduct, and an affidavit stating that the complaint is not “false, frivolous, or vexatious”. If the Member himself complains, the affidavit is not needed.
  • The Speaker can refer to the Committee any complaint against an MP.
  • The Committee does not entertain complaints based only on media reports or on matters that are sub judice. 
  • The Committee makes a prima facie inquiry before deciding to examine a complaint. It makes its recommendations after evaluating the complaint.
  • The Committee presents its report to the Speaker, who asks the House if the report should be taken up for consideration. There is also a provision for a half-hour discussion on the report.

Ethics Committee in Rajya Sabha

• The first such Committee by any legislature in India was constituted by the Chairman, Rajya Sabha on 4 March 1997, to oversee the moral and ethical conduct of the Members.
• Composition: 10 members appointed by the Chairman of Rajya Sabha.
• Tenure: The committee holds office until a new committee is appointed; the casual vacancies arising are filled by the Chairman from time to time.

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Overlap with Privileges Committee

• The jurisdictions of the Ethics Committee and the Privileges Committee sometimes intersect, especially in cases such as corruption allegations against MPs; however, more serious charges are typically referred to the Privileges Committee.
• The Privileges Committee’s mandate is to protect the freedom, authority, and dignity of Parliament, covering both individual members and the House collectively.
• Breach of privilege proceedings can be initiated against an MP or even a non-MP if their actions undermine the authority of the House.
• In contrast, the Ethics Committee deals exclusively with cases of misconduct involving Members of Parliament.

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